Denver Jail death ruled yet another homicide #hancockscandals

In five years, Denver Mayor Michael Hancock has struggled mightily to reform one of the deadliest criminal justice systems in nation, with little to show for it. In fact, one consultant hired by Hancock had a dreary record as an apologist for torture. Now, another death in the Denver County Jail has been ruled a homicide.

Sheriff’s Response to release of Michael Marshall autopsy report

The Denver Office of the Medical Examiner completed its autopsy report in the Michael Marshall case. Mr. Marshall was an inmate who died at the Downtown Detention Center on Nov. 11, 2015.

After reviewing available evidence, listening to witness accounts, and reviewing Mr. Marshall’s medical records, the Denver Office of the Medical Examiner determined the cause of death was complications of positional asphyxia to include aspiration pneumonia due to being physically restrained by law enforcement during an acute psychotic episode. The manner of death was determined to be homicide.

Sheriff Patrick Firman said: “This is a tragedy for both the Marshall family and the deputies involved. The numerous city agencies involved, including the Denver Sheriff Department, remain committed to an accountable and thorough investigative process. We received the report this morning and will examine it closely while we wait for the Denver Police Department and the DA’s office to conclude their reviews.”

It is important to note that the Medical Examiner’s designation of Mr. Marshall’s death as a “homicide” is not a determination that a criminal act took place. The District Attorney’s (DA) office will make that determination at the conclusion of its investigation.

The Denver Police Department investigates in-custody deaths that occur in Denver’s jails and detectives have worked diligently to obtain statements from the deputies involved in the incident, those who responded to it, those who witnessed the incident, and from the inmates housed in the area in which the incident occurred. Detectives have also conducted numerous interviews and they are in the final stages of the investigation.

The District Attorney’s (DA) office – which reviews in-custody death investigations – received a copy of the autopsy report this morning and is reviewing the case to determine if criminal charges are warranted. Once the report is thoroughly reviewed, other evidence in the case will be evaluated in light of the information contained in the report. It is possible that the autopsy report will result in additional follow-up investigation.

Once the DA’s review is complete, and depending on the results of that review, the case will be turned over to the Sheriff Department for an internal, administrative review – with oversight from the Executive Director of Safety’s office and the Office of the Independent Monitor – to determine if departmental rules and regulations were violated. While this process continues, the deputies involved in the incident remain in alternative assignments that do not involve contact with inmates.

The city has maintained and will continue consistent communication with the family of Mr. Marshall’s representatives throughout the investigation.